You have been supporting various causes through your news channel and I promise to you that through this I am only trying to ensure that no institute takes individuals like me for granted. We always have been very skeptical about raising our voices in various form of ill treatment meted or corruption happened in and around us. Not because, we are scared or it did not bothered us. I am sure lack of enough support and success stories before us compelled us to keep quiet. However, I have been inspired by one of my friends and my wife and family to hear my inner voice and raise my voice against it and set an example. So, I dared to write this not only in digital media but also went and filed a case long back to show our strength. I am not sure whether I will be successful or not, whether this will be another case unnoticed and even unsupported by your News channel, however I will definitely not repent as I will be proud that I tried. And I will not stop still I become successful in establishing an example for individuals so that no one dare to take undue advantage just because they are individuals. No matter how much money I have lost till date, even if my life also goes for this, I will still feel happy (Note that Ajmera has threatened me many times).
I have also decided that once I win the case, I will donate all the money earned from this and by selling the property will be donated to Orphanage. My mother wanted me to build one, I don’t know whether I will be able to fulfill that or not but I will surely donate the entire money to an orphanage if not able to build one.
Hence, I humbly request you, please read this and support this and let’s stand together till every builder get the message that they can not mess with the common man just because they have more money power. PLEASE SUPPORT and let’s make the CHANGE happen.
Now, let me provide the Background.
1. I booked a flat in Ajmera Infinity @ Bangalore on 31st Aug 2008 @ 3100/sq ft having a total size of 1269 sq.ft.
2. During the Oct of 2008, due to recession trend, I wanted to withdraw and & spoke to Ajmera about canceling my booking but Ajmera assured me of their quality and price and provided a guarantee.
3. When I asked about written commitment to ensure in case there is negative trend and if Ajmera reduce the price for these flats in future, I should also get the same advantage.
4. Ajmera builder provided me a written guarantee on 5th Jan 2009 that in case of reduction of price for any customers here after they will also reduce the price for me.
5. Between the period of 5th Jan 2009 and end of 2009, Ajmera reduced the price of the Ajmera Infinity flats to 2250 INR/Sq.ft. So, there is a reduction of 850 INR/Sq.ft. For my flat which is of 1269 Sq.ft. total differential amount is Rs.1078650/- (=1269*850).
6. As soon as I heard about the reduction in price, I emailed the MD of Ajmera – Mr. Deepak Mehta on 4th Nov 2009 requesting him to return the differential amount of Rs.1078650/-. On reply to my email, Mr. Deepak replied on 5th Nov 2009, and assured me of pass back the benefit of the amount but agreed to adjust the amount at the time of registration. The email is attached.
7. However on September 2010, Ajmera sent me the letter of possession and asked me to pay INR 7,80,006/ and take the possession. I asked them to settle the differential amount of Rs.1078650/- and repay the amount before taking the possession as agreed earlier.
8. After several discussions with Ajmera MD Mr. Deepak, I personally met Mr Deepak on 5th Jan 2011, and he promised me that he would take up the case to HO and get the differential amount.
9. In between Ajmera stopped paying the Pre-EMI as well and there was dues getting accumulated in my loan account and case was referred by HDFC to recovery section of HDFC. This has tarnished my Civil record and credit history and then I had to pay the Pre-EMI, a total amount of INR 21,93,550.00 till Jun 2014.
10. As a reminder I sent another email to Ajmera about settling the amount so that I can take the possession, but they then simply denied to refund my amount rather threatened me to cancel my allocation of flats.
11. A cancellation letter is received on 11th July 2011 out of the blow when I was looking for possession
12. I have paid all the money except the registration and stamp duty as I told them clearly that unless they settle my dues, I won’t take possession.
13. Later on, on September 29, 2010, post my insistence, they said they would only pay the differential amount of INR 125/Sq.ft which is the difference between the prices I bought vs what was the price on September 29, 2010 at the time of possession.
14. Time to time their version kept on changing and I had no clue what needs to be done
15. I did not have any other option left other than considering the legal action.
16. I met one Lawyer in Bangalore and he somehow managed to get hold of Ajmera and mutually agreed not to contest my case
17. Then I met another lawyer via one friend’s friend and I finally filed the case on 24th Aug 2011 to get justice.
18. However, the case is still on after approx. 4 years passed by, I still wonder whether there is any justice at all for common man in India
19. I have traveled from Hyderabad to Bangalore at least 25 times in these four years and it has cost me till now around 4 Lacs INR for Travel and other logistics
20. I have been paying the EMI to the Bank in last 7 years, paid around 35 lakhs till date, paid Ajmera all the dues except stamp duty and registration fee, Still do not have the possession even after 5 years of actual possession date, which was given Sep 2010, what else one needs to feel pressurized, feel that he is being victimized.
1. Post some consultation; I filed a case in the consumer court near Basava Bhavan in Bangalore on 24th August 2011. Complaint No 136 of 2011.
2. There has been around 25 hearing and dates… one after another. Month after month I had to travel to Bangalore from Hyderabad (My permanent place) to attend the case and all I get is another date. A Date after date.
3. Six months back, I got a date for Judgment, on that date I was told that since another assistant has got transferred and new judge has come, so there has to be new hearing.
4. After all of these, I got another Judgment date on 3rd June 2014. This time I am told that Judge is not ready to give the judgment. On 3rd Jun, it was moved to 4th Jul 2014. But then also no judgment was given.
5. Then the judge himself got retired and a new judge took over. The case started all over again. The New judge wanted to hear the matter again and a new cycle is just started. I am again going to Bangalore on each of these dates and not sure how many more months or years it will take for me to get Justice in India.
1. I represent every common Indian who are today suffering from lack of justice or delayed justice.
2. I wanted to fight the injustice and create an example for every small person like me that in India justice still happens, who knew that our judicial system itself will be adding onto the pain
3. Being diabetic, I have gone through additional pressure everyday thinking about how, the India being the largest democratic country can not get justice to common people like us where all the evidences are clear.
4. When these things settles down, let us not stop. Let us ensure that we contribute to a better India. It is our India and we are responsible to make it better. No Modi can do it alone. Let’s join hands and raise ourselves how small might be the contribution towards the better India. Little drops of water only makes a mighty ocean. And let us all make this as a beginning.
5. I request everyone to stand up and protest against all forms of corruption and bad practice that creates pain and disadvantage to the life of common man like us. My small step is just a beginning. Let us ensure India become a better place to Live.
Looking forward to your support. I am also submitting this to other channels and PMO Site. Let’s see who has the courage to support me. I tried to attach the proofs but the message is being rejected due to size.
Prabin Kumar Bardhan
CMO, Kare4u Healthcare Solutions Pvt Ltd.
Ph – 9966232078